Minor offence, sedition, lynching, & more: India's new bill

In a bold move, Union Home Minister Amit Shah unveiled three groundbreaking bills in the Lok Sabha on Friday, August 11th. These new bills are set to replace key sections of existing laws like the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPc). Shah asserts that these three bills hold the potential to revolutionize India's criminal justice system, marking a new era of legal reform.

The Three Transformative Bills:

The Bharatiya Nyaya Sanhita Bill, 2023: This bill aims to replace the Indian Penal Code and introduce modern provisions for criminal offences.
The Bharatiya Sakshya Bill, 2023: Set to replace The Indian Evidence Act of 1872, this bill outlines innovative rules for the presentation of evidence in criminal cases.
The Bharatiya Nagrik Suraksha Sanhita Bill, 2023: This bill seeks to replace The Code Of Criminal Procedure from 1973, ushering in a new era of procedural guidelines for criminal proceedings.

Key Highlights of the Proposed Changes

Though these bills have stirred up debates, here's a concise breakdown of their significant alterations:

1. Revisiting Sedition and National Unity: The notorious 'sedition' law (Section 124A of IPC) may be revoked, but the new bills introduce penalties for acts that threaten India's sovereignty, unity, and integrity.

2. Murder Redefined: In the IPC, Section 302 concerns murder, but the new bill reshapes it to cover 'snatching' incidents.

3. Farewell to 'Cheating' Section 420: Section 420 in the IPC addressing 'cheating' vanishes, with the proposed bills incorporating it under Section 316.

4. Addressing False Promise of Marriage: The proposed Bharatiya Nyaya Sanhita (BNS) addresses sexual intercourse based on false promises of marriage, penalizing it with imprisonment.

5. Stricter Punishment for Gang Rape: The new bills enforce a minimum 20-year imprisonment for those convicted of gang rape, with life imprisonment as the maximum penalty.

6. Death Penalty for Rape of Minors: Notably, the central government suggests the 'death penalty for rape of a minor' under the new bills.

7. Community Service as a Penalty: The bills introduce community service as a form of punishment for defamation, minor theft, and other offences.

8. Mob Lynching's Graver Consequences: Mob lynching might lead to sentences ranging from 7 years to life imprisonment or even the death penalty under the new bills.

9. Digitization of Legal Proceedings: The proposed changes include digitizing the entire legal process, from filing FIRs to trial proceedings.

10. Virtual Proceedings: Video conferencing becomes a crucial tool for comprehensive trials, cross-examination, and appeals.

11. Empowering Victims: Victims of sexual crimes will have their statements recorded via videography as a mandatory procedure.

Notable Repeals and Changes

Two significant changes stand out:

Sedition Scrapped? - The colonial-era sedition law might be repealed, but similar offences will still face punishment under the new legislation.
Reimagining "Murder" and "Cheating" - The bills redefine offences like murder and cheating, shifting the focus from Section 302 and Section 420.

Amit Shah's visionary bills seek to transform India's legal system, embracing modernity and addressing societal challenges. With an array of reforms, the proposed changes aim to usher in a fairer, more transparent, and just legal framework for the nation.